Proper Notice - Landlord Forum thread 326349

Proper Notice by Josie (Ma ) on October 26, 2014 @15:06

When given proper notice in Mass for ending tennany on a month to month is there anyway a tenant can stay , the tenant told me you will need more then a piece of paper to get me out ,a real pita ,

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Re: Proper Notice by Anonymous on October 26, 2014 @15:28	[ Reply ]

Giver proper notice and send it certified mail. Wait for your renter to either stop paying rent or until the notice is officially over, then wait for the renter to refuse to leave. 1 day past the date file for eviction. Showing that you will go through the process should be enough to get the renter out. That was strong language from a renter, I would immediately send notice that you are ending the month to month lease. Push comes to shove I bet he/she roles out quick.

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Re: Proper Notice by Bill on October 26, 2014 @17:21	[ Reply ]

You are in over your head. See a lawyer in the morning.

Re: Proper Notice by MrDan (Georgia) on October 26, 2014 @22:19	[ Reply ]

It looks like you are in it for the long haul. After reading Mass Landlord/Tenant Law, it seems it will take some time to remove this tenant. Notice to Terminate Tenancy – Month-to-Month Lease: Equal to the interval between the days of payment or thirty days, whichever is longer. (MGL c.186 § 12) http://www.malawforum.com/content/how-long-does-eviction-take-massachusetts http://nislick.com/2013/05/30/evicting-the-holdover-tenant-who-does-not-leave-after-lease-ends/

Re: Proper Notice by Katiekate (New York) on October 27, 2014 @09:02	[ Reply ]

I used to own condos in MA, also managed a large condo complex in Lrominster. This was fairly common...this is how you handle this After you have given the written notice (send it in the US mail..both regular mail and certified) ... The the certified letter make a mention of the same exact letter also sent by regular mail. if you want you can also post the notice in their door, if you do..then make a note of that also in the certified mail. Then, about 1 week later send a letter. Again in the regular mail (but, you could also hand deliver this second letter). This send latter is two pages. First page talks all about the coming move out. It explains some of the common items tenants over look when cleaning the apartment ... BUT..the real reason is to deprive home the point that there IS going to be a move out. The second page explains that should they fail to move..you will be forced to file for eviction. That the process will cause a court record to be created. The record of the eviction proceeding is created the day that you file..not the day of court. Once created, this record can NEVER be deleted. Unlike bad credit..this will never go away. Every decent landlord does a background check, and this eviction will also show, the result will be that they will never again rent any decent place. So...in nearly every single case..the combination of all this really makes the tenant think twice about going that route. Once they understand the serious problems they would be causing themselves. BUT..every so often there is someone who doesn't believe it. The day after they were required to move out..you go straight to the county court and file for eviction..the reason is "hold-over". You do not need to post another notice. The certified mail you sent? If you get it back..keep it unopened for the judge to open. Once you file..it will be about 14-21 days before your court date. After you get the 'writ of possession' the tenant will likely get 7 days to move or be put out. Take that court document to the marshal of the court. You will have to pay him to process the writ and then you can schedule with him the day of the physical removal. The only tenants I ever had to go the full deal with were the ones that had no money to get moved. They had no other options. Everyone who could...got out of the unit long before it came to any of this. But, if you have to go the full distance..you can expect to have it take about 6 weeks start to finish. And..for the future..always do a background check..never rent to anyone who has an eviction in their past because you will be next if you rent to them You do not need a lawyer to handle this. I have found that the lawyers do not have the same interest as the landlord. They are interested in dragging it out to get the most revenue (money from you). Your interest is the removal of the tenant as fast as possible to get the most rental income for your property.....you do not have the same goals.

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